Eugene Volokh has an update on current events within the Ninth Circuit and Peruta, and I’ll let you read his information (it’s far from an assessment, it’s more just data and information). Better is Dave Hardy’s post concerning the implications of all of this. If denied, Peruta stands (altho two cases heard at the same time raising much the same issues might be taken en banc, court hasn’t ruled yet). If granted, California becomes the new defendant, and files its motion for rehearing en banc, and the court decides that.

You have to read Dave’s complete workup in order to understand where we …read more

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